[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Pages S7727-S7730]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4226. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 10____. SUTTON MOUNTAIN AND PAINTED HILLS AREA WILDFIRE
RESILIENCY PRESERVATION AND ECONOMIC
ENHANCEMENT.
(a) Definitions.--In this section:
(1) Active habitat restoration.--The term ``active habitat
restoration'' means, with respect to an area, to restore and
enhance the ecological health of the area through the use of
management tools consistent with this section.
(2) City.--The term ``City'' means the city of Mitchell,
Oregon.
(3) County.--The term ``County'' means Wheeler County,
Oregon.
(4) Ecological health.--The term ``ecological health''
means the ability of the ecological processes of a native
ecosystem to function in a manner that maintains the
structure, composition, activity, and resilience of the
ecosystem over time, including an ecologically appropriate
diversity of plant and animal communities, habitats, and
conditions that are sustainable through successional
processes.
(5) Landowner.--The term ``landowner'' means an owner of
non-Federal land that enters into a land exchange with the
Secretary under subsection (c)(1).
(6) Lower unit.--The term ``Lower Unit'' means the area
that consists of the approximately 27,184 acres of land
generally depicted as ``Proposed National Monument-Lower
Unit'' on the Map.
(7) Management plan.--The term ``management plan'' means
the management plan for the Monument developed by the
Secretary under subsection (b)(4)(B).
(8) Map.--The term ``Map'' means the map prepared by the
Bureau of Land Management entitled ``Sutton Complex-Painted
Hills National Monument Proposal'' and dated October 27,
2021.
(9) Monument.--The term ``Monument'' means the Sutton
Mountain National Monument established by subsection (b)(1).
(10) Passive habitat management.--The term ``passive
habitat management'' means those actions that are proposed or
implemented to address degraded or non-functioning resource
conditions that are expected to improve the ecological health
of the area without additional on-the-ground actions, such
that resource objectives and desired outcomes are anticipated
to be reached without additional human intervention.
[[Page S7728]]
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--The term ``State'' means the State of Oregon.
(13) Upper unit.--The term ``Upper Unit'' means the area
that consists of the approximately 38,023 acres of land
generally depicted as ``Proposed National Monument-Upper
Unit'' on the Map.
(b) Establishment of Sutton Mountain National Monument.--
(1) In general.--There is established in the State the
Sutton Mountain National Monument, consisting of the
following 2 management units, as generally depicted on the
Map:
(A) Upper Unit.
(B) Lower Unit.
(2) Purposes.--The purposes of the Monument are--
(A) to increase the wildfire resiliency of Sutton Mountain
and the surrounding area; and
(B) to conserve, protect, and enhance the long-term
ecological health of Sutton Mountain and the surrounding area
for present and future generations.
(3) Objectives.--To further the purposes of the Monument
described in paragraph (2), and consistent with those
purposes, the Secretary shall manage the Monument for the
benefit of present and future generations--
(A) to support and promote the growth of local communities
and economies;
(B) to promote the scientific and educational values of the
Monument;
(C) to maintain sustainable grazing on the Federal land
within the Upper Unit and Lower Unit, in accordance with
applicable Federal law;
(D) to promote recreation, historical, cultural, and other
uses that are sustainable, in accordance with applicable
Federal law;
(E) to ensure the conservation, protection, restoration,
and improved management of the ecological, social, and
economic environment of the Monument, including geological,
paleontological, biological, wildlife, riparian, and scenic
resources;
(F) to reduce the risk of wildfire within the Monument and
the surrounding area, including through juniper removal and
habitat restoration, as appropriate; and
(G)(i) to allow for active habitat restoration in the Lower
Unit; and
(ii) to allow for passive habitat management in the Upper
Unit and Lower Unit.
(4) Management authorities.--
(A) In general.--The Secretary shall manage the Monument--
(i) in accordance with--
(I) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other applicable laws; and
(II) this section; and
(ii) in a manner that--
(I) improves wildfire resiliency; and
(II) ensures the conservation, protection, and improved
management of the ecological, social, and economic
environment of the Monument, including geological,
paleontological, biological, wildlife, riparian, and scenic
resources, North American Indian Tribal and cultural and
archaeological resource sites, and additional cultural and
historic sites and culturally significant native species.
(B) Management plan.--
(i) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term conservation
and management of the Monument that fulfills the purposes of
the Monument described in paragraph (2).
(ii) Requirements.--The management plan developed under
clause (i) shall--
(I) describe the appropriate uses and management of each of
the Upper Unit and the Lower Unit, consistent with the
purposes and objectives of this section;
(II) include an assessment of ecological conditions of the
Monument, including an assessment of--
(aa) the status, causes, and rate of juniper encroachments
at the Monument; and
(bb) the ecological impacts of the juniper encroachments at
the Monument;
(III) identify science-based, short-term and long-term,
active habitat restoration and passive habitat management
actions--
(aa) to reduce wildfire risk and improve the resilience of
native plant communities; and
(bb) to restore historical native vegetation communities,
including the prioritization of the removal of invasive
annual grasses and juniper trees in the Lower Unit;
(IV) include a habitat restoration opportunities component
that prioritizes--
(aa) restoration within the Lower Unit; and
(bb) maintenance of the existing wilderness character of
the Upper Unit;
(V) include a riparian conservation and restoration
component to support anadromous and other native fish,
wildlife, and other riparian resources and values in the
monument;
(VI) include a recreational enhancement component that
prioritizes--
(aa) new and expanded opportunities for mechanized and
nonmechanized recreation in the Lower Unit; and
(bb) enhancing nonmechanized, primitive, and unconfined
recreation opportunities in the Upper Unit;
(VII) include an active habitat restoration component that
prioritizes, with respect to the Lower Unit--
(aa) the restoration of native ecosystems;
(bb) the enhancement of recreation and grazing activities;
and
(cc) activities that will reduce wildfire risk;
(VIII) include a passive habitat management component that
prioritizes, with respect to the Upper Unit--
(aa) the restoration of native ecosystems; and
(bb) management activities that will reduce the risk of
wildfire;
(IX) determine measurable and achievable management
objectives, consistent with the management objectives
described in paragraph (3), to ensure the ecological health
of the Monument;
(X) develop a monitoring program for the Monument so that
progress towards ecological health objectives can be
determined;
(XI) include, as an integral part, a comprehensive
transportation plan developed in accordance with paragraph
(5); and
(XII) include, as an integral part, a wildfire mitigation
plan developed in accordance with subparagraph (D).
(C) Wildfire risk assessment .--Not later than 1 year after
the date of enactment of this Act, the Secretary, in
consultation with the Governor's Council on Wildfire Response
of the State, shall conduct a wildfire risk assessment of the
Upper Unit and the Lower Unit.
(D) Wildfire mitigation plan.--
(i) In general.--Not later than 2 years after the date on
which the wildfire risk assessment is conducted under
subparagraph (C), the Secretary shall develop, based on the
wildfire risk assessment, a wildfire mitigation plan as part
of the management plan developed under subparagraph (B) that
identifies, evaluates, and prioritizes management activities
that can be implemented in the Lower Unit to mitigate
wildfire risk to structures and communities located near the
Monument.
(ii) Plan components.--The wildfire mitigation plan
developed under clause (i) shall include--
(I) appropriate vegetation management projects (including
mechanical treatments to reduce hazardous fuels and improve
ecological health and resiliency);
(II) necessary evacuation routes for communities located
near the Monument, to be developed in consultation with the
State and local fire agencies;
(III) strategies for public dissemination of emergency
evacuation plans and routes;
(IV) appropriate passive habitat management activities; and
(V) strategies or management requirements to protect items
of value identified at the Monument, consistent with the
applicable fire management plan and the document prepared by
the National Interagency Fire Center entitled ``Interagency
Standards for Fire and Fire Aviation Operations'' or
successor interagency agreement or guidance.
(iii) Applicable law.--The wildfire mitigation plan under
clause (i) shall be developed in accordance with--
(I) this section; and
(II) any other applicable law.
(E) Temporary roads.--
(i) In general.--Consistent with the purposes of this
section and the comprehensive transportation plan under
paragraph (5), the Secretary may travel off-road or establish
temporary roads within the Lower Unit to implement the
wildfire mitigation plan developed under subparagraph (D).
(ii) Effect on wildfire management.--Nothing in this
subsection affects the authority of the Secretary, in
cooperation with other Federal, State, and local agencies, as
appropriate, to conduct wildland fire operations at the
Monument, consistent with the purposes of this section.
(F) Incorporation of acquired land and interests in land.--
Any land or interest in land within the boundary of the
Monument or adjacent to the Monument that is acquired by the
United States shall--
(i) become part of the Monument; and
(ii) be managed in accordance with--
(I) this section; and
(II) applicable Federal laws.
(5) Comprehensive transportation plan.--
(A) In general.--The Secretary shall develop as part of the
management plan a comprehensive transportation plan for the
Monument, which shall address--
(i) motorized, mechanized, and nonmotorized use;
(ii) the maintenance and closure of motorized and
nonmotorized routes; and
(iii) travel access.
(B) Prohibition of motorized and mechanized use in the
upper unit.--Except as provided in subparagraphs (C), (D),
and (G), motorized and mechanized use shall be prohibited in
the Upper Unit.
(C) Prohibition of off-road motorized travel.--Except in
cases in which motorized or mechanized vehicles are needed
for administrative purposes, ecological restoration projects,
or to respond to an emergency, the use of motorized or
mechanized vehicles in the Monument shall be permitted only
on routes designated by the transportation plan developed
under subparagraph (A).
(D) Prohibition of new construction.--Except as provided in
subparagraph (E), no new motorized routes of any type shall
be constructed within the Monument unless the Secretary
determines, in consultation with the public, that the
motorized route is necessary for public safety in the Upper
Unit or Lower Unit.
[[Page S7729]]
(E) Temporary motorized routes in the lower unit.--
Notwithstanding subparagraph (D), temporary motorized routes
may be developed in the Lower Unit to assist with the removal
of juniper.
(F) Trails.--Nothing in this paragraph limits the authority
of the Secretary to construct or maintain trails for
nonmotorized or nonmechanized use in the Upper Unit or Lower
Unit.
(G) Access to inholdings.--The Secretary shall provide
reasonable access to inholdings within the boundaries of the
Monument to provide private landowners the reasonable use of
the inholdings, in accordance with section 1323(b) of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
3210(b)).
(H) Modifications to existing roads.--
(i) In general.--Consistent with the purposes of this
section, the existing roads described in clause (ii) may be
modified or altered within 50 feet on either side of the
applicable road, as the Secretary determines to be necessary
to support use of motorized or mechanized vehicles for
access, utility development, or public safety.
(ii) Description of roads.--The roads referred to in clause
(i) are Burnt Ranch Road, Twickenham Road, Girds Creek Road,
and the Logging Road, as depicted on the Map.
(iii) Right-of-way.--The Secretary shall grant to the
County a right-of-way for maintenance and repair within 50
feet of Twickenham Road and Girds Creek Road.
(6) Grazing.--
(A) In general.--The grazing of livestock in the Monument,
if established before the date of enactment of this Act,
shall be allowed to continue--
(i) subject to--
(I) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(II) applicable law (including regulations); and
(ii) in a manner consistent with the authorities described
in paragraph (4).
(B) Voluntary relinquishment of grazing permits or
leases.--
(i) Acceptance by secretary.--The Secretary shall accept
the voluntary relinquishment of any valid existing permits or
leases authorizing grazing on public land, all or a portion
of which is within the Monument.
(ii) Termination.--With respect to each permit or lease
voluntarily relinquished under clause (i), the Secretary
shall--
(I) terminate the grazing permit or lease; and
(II) ensure a permanent end to grazing on the land covered
by the permit or lease.
(iii) Partial relinquishment.--
(I) In general.--If a person holding a valid grazing permit
or lease voluntarily relinquishes less than the full level of
grazing use authorized under the permit or lease under clause
(i), the Secretary shall--
(aa) reduce the authorized grazing level to reflect the
voluntary relinquishment; and
(bb) modify the permit or lease to reflect the revised
level.
(II) Authorized level.--To ensure that there is a permanent
reduction in the authorized level of grazing on the land
covered by a permit or lease voluntarily relinquished under
subclause (I), the Secretary shall not allow grazing use to
exceed the authorized level established under that subclause.
(7) Prohibition on construction of new facilities.--No new
facilities may be constructed in the Monument unless the
Secretary determines that the facility--
(A) will be minimal in nature;
(B) is consistent with the purposes of the Monument
described in paragraph (2); and
(C) is necessary--
(i) to enhance botanical, fish, wildlife, or watershed
conditions;
(ii) to provide for public information, health, or safety;
(iii) for the management of livestock; or
(iv) for the management, but not promotion, of recreation.
(8) Release of wilderness study area.--
(A) Finding.--Congress finds that, for purposes of section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), any portion of Federal land designated
as a wilderness study area within the Monument as of the date
of enactment of this Act has been adequately studied for
wilderness designation.
(B) Release.--The land described in subparagraph (A)--
(i) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(ii) shall be managed in accordance with--
(I) this section; and
(II) applicable land use plans adopted under section 202 of
that Act (43 U.S.C. 1712).
(9) Effect on existing rights.--Nothing in this
subsection--
(A) terminates any valid right-of-way on land included in
the Monument that is in existence on the date of enactment of
this Act; or
(B) affects the ability of an owner of a private inholding
within, or private land adjoining, the boundary of the
Monument to obtain permits or easements from any Federal
agency with jurisdiction over the Monument to support
existing uses, access, management, or maintenance of the
private property.
(10) Water rights and infrastructure.--Nothing in this
subsection--
(A) constitutes an express or implied claim or denial on
the part of the Federal Government regarding an exemption
from State water laws; or
(B) prohibits access to existing water infrastructure
within the boundaries of the Monument.
(11) Tribal rights.--Nothing in this subsection alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian Tribe.
(c) Land Exchanges.--
(1) Authorization.--
(A) Faulkner exchange.--
(i) In general.--Subject to paragraphs (2) through (8), if
the owner of the non-Federal land described in clause (ii)(I)
offers to convey to the United States all right, title, and
interest of the landowner in and to the non-Federal land, the
Secretary shall--
(I) accept the offer; and
(II) on receipt of acceptable title to the non-Federal land
and subject to valid existing rights, convey to the landowner
all right, title, and interest of the United States in and to
the Federal land described in clause (ii)(II).
(ii) Description of land.--
(I) Non-federal land.--The non-Federal land referred to in
clause (i) is the approximately 15 acres of non-Federal land
identified on the Map as ``Faulkner to BLM''.
(II) Federal land.--The Federal land referred to in clause
(i)(II) is the approximately 10 acres of Federal land
identified on the Map as ``BLM to Faulkner''.
(B) Quant exchange.--
(i) In general.--Subject to paragraphs (2) through (8), if
the owner of the non-Federal land described in clause (ii)(I)
offers to convey to the United States all right, title, and
interest of the landowner in and to the non-Federal land, the
Secretary shall--
(I) accept the offer; and
(II) on receipt of acceptable title to the non-Federal land
and subject to valid existing rights, convey to the landowner
all right, title, and interest of the United States in and to
the Federal land described in clause (ii)(II).
(ii) Description of land.--
(I) Non-federal land.--The non-Federal land referred to in
clause (i) is the approximately 236 acres of non-Federal land
identified on the Map as ``Quant to BLM''.
(II) Federal land.--The Federal land referred to in clause
(i)(II) is the approximately 271 acres of Federal land
identified on the Map as ``BLM to Quant''.
(C) Twickenham livestock llc exchange.--
(i) In general.--Subject to paragraphs (2) through (8), if
the owner of the non-Federal land described in clause (ii)(I)
offers to convey to the United States all right, title, and
interest of the landowner in and to the non-Federal land, the
Secretary shall--
(I) accept the offer; and
(II) on receipt of acceptable title to the non-Federal land
and subject to valid existing rights, convey to the landowner
all right, title, and interest of the United States in and to
the Federal land described in clause (ii)(II).
(ii) Description of land.--
(I) Non-federal land.--The non-Federal land referred to in
clause (i) is the approximately 574 acres of non-Federal land
identified on the Map as ``Twickenham to BLM''.
(II) Federal land.--The Federal land referred to in clause
(i)(II) is the approximately 566 acres of Federal land
identified on the Map as ``BLM to Twickenham''.
(2) Applicable law.--Except as otherwise provided in this
subsection, the Secretary shall carry out each land exchange
under paragraph (1) in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(3) Conditions.--Each land exchange under paragraph (1)
shall be subject to such terms and conditions as the
Secretary may require.
(4) Equal value exchange.--
(A) In general.--The value of the Federal land and non-
Federal land to be exchanged under paragraph (1)--
(i) shall be equal; or
(ii) shall be made equal in accordance with subparagraph
(B).
(B) Equalization.--
(i) Surplus of federal land.--If the value of Federal land
exceeds the value of non-Federal land to be conveyed under a
land exchange authorized under paragraph (1), the value of
the Federal land and non-Federal land shall be equalized by
reducing the acreage of the Federal land to be conveyed, as
determined to be appropriate and acceptable by the Secretary
and the landowner.
(ii) Surplus of non-federal land.--If the value of the non-
Federal land exceeds the value of the Federal land, the value
of the Federal land and non-Federal land shall be equalized
by reducing the acreage of the non-Federal land to be
conveyed, as determined to be appropriate and acceptable by
the Secretary and the landowner.
(5) Appraisals.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the landowner shall
select an appraiser to conduct an appraisal of the Federal
land and non-Federal land to be exchanged under paragraph
(1).
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with nationally recognized
appraisal standards, including--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(6) Surveys.--
(A) In general.--The exact acreage and legal description of
the Federal land and non-Federal land to be exchanged under
[[Page S7730]]
paragraph (1) shall be determined by surveys approved by the
Secretary.
(B) Costs.--The Secretary and the landowner shall divide
equally between the Secretary and the landowner--
(i) the costs of any surveys conducted under subparagraph
(A); and
(ii) any other administrative costs of carrying out the
land exchange under this subsection.
(7) Valid existing rights.--The exchange of Federal land
and non-Federal land under paragraph (1) shall be subject to
any easements, rights-of-way, and other valid rights in
existence on the date of enactment of this Act.
(8) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchanges under paragraph
(1) be completed by the date that is not later than 2 years
after the date of enactment of this Act.
(d) Withdrawal.--
(1) In general.--Subject to valid existing rights, the
Federal land and any interest in the Federal land included
within the Monument is withdrawn from--
(A) entry, appropriation, new rights-of-way, and disposal
under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of--
(i) the mineral leasing and geothermal leasing laws; and
(ii) except as provided in paragraph (2), the minerals
materials laws.
(2) Road maintenance.--As the Secretary determines to be
consistent with the purposes of this section and the
management plan, the Secretary may permit the development of
saleable mineral resources, for road maintenance use only, in
a location identified on the Map as an existing ``gravel
pit'' within the area withdrawn by paragraph (1), if the
development was authorized before the date of enactment of
this Act.
(e) Treatment of State Land and Mineral Interests.--
(1) Acquisition required.--The Secretary shall acquire, for
approximately equal value and as agreed to by the Secretary
and the State, any land and interests in land owned by the
State within the area withdrawn by subsection (d)(1).
(2) Acquisition methods.--The Secretary shall acquire the
State land and interests in land under paragraph (1) in
exchange for--
(A) the conveyance of Federal land or Federal mineral
interests that are outside the boundaries of the area
withdrawn by subsection (d)(1);
(B) a payment to the State; or
(C) a combination of the methods described in subparagraphs
(A) and (B).
(f) Conveyances of Bureau of Land Management Land to the
City of Mitchell, Oregon, and Wheeler County, Oregon.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)--
(A) on the request of the City, the Secretary shall convey
to the City, without consideration, the approximately 1,327
acres of Federal land generally depicted on the Map as ``City
of Mitchell Conveyance''; and
(B) on request of the County, the Secretary shall convey to
the County, without consideration, the approximately 159
acres of Federal land generally depicted on the Map as
``Wheeler County Conveyance''.
(2) Use of conveyed land.--
(A) In general.--Subject to subparagraphs (B) and (C), the
Federal land conveyed under paragraph (1) shall be used for
recreation or other public purposes consistent with the Act
of June 14, 1926 (commonly known as the ``Recreation and
Public Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C.
869 et seq.).
(B) Affordable or senior housing.--Not more than 50 acres
of the Federal land conveyed under paragraph (1)(A) may be
used for the construction of affordable or senior housing.
(C) Economic development.--Not more than 50 acres of the
Federal land conveyed under paragraph (1)(A) may be used to
support economic development.
(3) Map and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize legal
descriptions of the parcels of land to be conveyed under
paragraph (1).
(B) Corrections of errors.--The Secretary may correct minor
errors in the Map or the legal descriptions.
(C) Availability.--The Map and legal descriptions shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(4) Reversion.--
(A) In general.--If any parcel of land conveyed under
paragraph (1) ceases to be used for the purposes described in
paragraph (2), the land shall, at the discretion of the
Secretary based on the determination of the Secretary of the
best interests of the United States, revert to the United
States.
(B) Responsibility of local governmental entity.--If the
Secretary determines under subparagraph (A) that the land
should revert to the United States, and if the Secretary
determines that the land is contaminated with hazardous
waste, the City or the County, as applicable, shall be
responsible for remediation of the contamination.
(5) Tribal rights.--Nothing in this subsection alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian Tribe.
(g) Coordination With Units of Local Government.-- The
Secretary shall coordinate with units of local government,
including the County commission and the City, in accordance
with section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712) and section 1610.3-1 of title
43, Code of Federal Regulations (or a successor regulation)
in--
(1) developing the management plan;
(2) prioritizing implementation of project-level activities
under the management plan;
(3) developing activities that implement the management
plan; and
(4) carrying out any other activities under this section.
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
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